Madras High CourtCRL OP(MD)/5535/2015allowed

U.Arasan v. The Inspector Of Police

2015-03-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5535 of 2015 U.ARASAN ..PETITIONER/ACCUSED (RANK NOT KNOWN) Vs.

STATE REP.BY THE INSPECTOR OF POLICE SENTHAMARAM POLICE STATION, TIRUNELVELI DISTRICT.

CR. NO.98/2015.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.BALAJI, for Mr.R.ANAND Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 147, 149, 384, 353, 148, 294(b), 387 and 506(ii) of IPC in Crime No.98 of 2015, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

3. The allegation against the petitioner is that he is the Panchayat President and that he was demanding money from the Engineers, who were installing wind-mill in his area. When the Engineers were reluctant to pay money, he threatened them.

4. Taking into consideration the above facts and circumstances, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tenkasi, Tirunelveli District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall stay at Madurai and report before the Curator of Gandhi Museum at 10.00 a.m., and take part in the social service activities in the Gandhi Museum for two weeks. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

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[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[e] The Curator, Gandhi Museum, Madurai, is directed to send compliance report to the office of the learned Government Advocate (Crl. Side), whether the petitioner is complying with the order or not. sd/- 25/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TIRUNELVELI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, SENTHAMARAM POLICE STATION, TIRUNELVELI DISTRICT.

5 THE CURATOR, GANDHI ASHRAM, MADURAI.

+1. CC to M/S. R. ANAND Advocate SR.No.14830 ORDER IN CRL OP(MD) No.5535 of 2015 Date :25/03/2015 PBK 26/03/2015 ::2P-7C:

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